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Deal or no deal?

20 November 2008
Issue: 7346 / Categories: Features , Family , Ancillary relief
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Jonathan Herring discusses enforcing

As the family lawyer trudges home after many hours of work his heart is slightly lighter because the day involved a sensible negotiated settlement of a complex case. There were handshakes all round, and although no one was delighted, or even happy, there was a sense of relief that a deal had been struck that was just about acceptable to everyone. But our lawyer’s lightness of heart may be forgotten the next morning when greeted by news that the other side has decided to pull out of the agreement. Inevitably the client will want to know: are they allowed just to pull out of the agreement having shaken hands on it?

Consent orders
Well, yes, is the answer. Until the court makes a consent order, the agreement of the parties is not legally binding. That is why it is sensible to get a consent order made as soon as possible after the agreement has been reached. A judge might be persuaded that if a party pulls out of a negotiated settlement

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

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Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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